Researcher: LRH Page 1 4/12/21
OLR Bill Analysis
sHB 6477
AN ACT CONCERNING VOLUNTEER FIRE DEPARTMENTS AND
AMBULANCE COMPANIES AND THE DEFINITION OF EMPLOYER
UNDER THE STATE OCCUPATIONAL SAFETY AND HEALTH ACT.
SUMMARY
This bill requires a volunteer fire department or volunteer
ambulance company to comply with the state’s Occupational Safety
and Health Act (Conn-OSHA) as an employer, unless it can
demonstrate that it is under federal OSHA jurisdiction. By law, Conn-
OSHA governs workplace safety for the state and its political
subdivisions as employers; thus, certain non-governmental volunteer
fire and ambulance companies are not considered under its jurisdiction
(see BACKGROUND). They are, generally, not covered by federal
OSHA unless they are privately chartered and have paid employees.
The bill also limits the penalty that may be imposed on volunteer
fire departments and ambulance companies for non-serious violations
of certain Conn-OSHA laws and regulations. Current law allows the
Occupational Safety and Health Review Commission to impose up to a
$1,000 civil penalty on an employer cited for a non-serious violation.
The bill instead requires it to issue a written warning for the first non-
serious violation by a volunteer fire department or volunteer
ambulance company.
By law, a serious violation is one that (1) could result in a
substantial probability of death or serious physical harm and (2) the
employer should know about by exercising reasonable diligence. The
law requires the commission to assess up to a $1,000 civil penalty for a
serious violation (CGS § 31-382(b) & (l)).
EFFECTIVE DATE: Upon passage
BACKGROUND 2021HB-06477-R000388-BA.DOCX
Researcher: LRH Page 2 4/12/21
Related Case
In Mayfield v. Goshen Volunteer Fire Company (301 Conn. 739 (2011)),
the state Supreme Court ruled that a privately chartered volunteer fire
company was not a political subdivision of the state (and not subject to
Conn-OSHA jurisdiction) if it was not controlled by a municipality or
municipal officials.
COMMITTEE ACTION
Labor and Public Employees Committee
Joint Favorable
Yea 12 Nay 1 (03/23/2021)